1. Pros & Cons of Testimonial Evidence
Eyewitness Basics
Pros & Cons of Testimonial Evidence
Presentation developed by T. Trimpe

2. What is testimonial evidence? The Bunny Effect CBS News Video
Testimonial evidence includes oral or written statements given to police as well as testimony in court by people who witnessed an event.
Eyewitness accounts can be a useful tool in helping investigators with analyzing a crime scene, but are not viewed to be highly reliable. In addition, eyewitness identifications (right or wrong) can have a big influence on the outcome of an investigation or trial.
People are likely to view the same scene in different ways depending on their positions, line of sight, familiarity with the area, and other factors that can interfere with a person’s ability to remember details.
The Bunny Effect CBS News Video

3. Memory Challenge Directions:
You will have 30 seconds to view the next screen.
Try to memorize all 20 items you see!
You are NOT allowed to write anything down
You CANNOT talk to anyone else.

4. Items to remember ...
Neuroscience for Kids -

5. You have 2 minutes to list as many of the items as you can!
What do you remember?
You have 2 minutes to list as many of the items as you can!
How did you do?
All 20 – Awesome
15-19 – Great
10-14 – Pretty swell
5-9 – Could be better
4 or Less – Wake up
Teacher Note: Try to influence the students’ memory of the items. As they are writing down the items they remember, suggest two or three items that were not shown, such as a banana (on the info slide), a nail (goes with hammer), or pen (instead of the pencil). As you go over the correct items, ask the students if they added any of the ones you told them to remember. Tie this into the discussion (next slide) on how a person’s memory can be affected by another person.

6. Did you know?
According to The Innocence Project (2008) "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." Still, the criminal justice system profoundly relies on eyewitness identification and testimony for investigating and prosecuting crimes (Wells & Olson, 2003).
What factors affect a person’s memory and their ability to identify a suspect?
Source:

7. The Case of Jennifer Thompson and Ronald Cotton
* As you watch answer the questions
Forensic Science: Fundamentals & Investigations, Chapter 1

8. Witness Factors
Age may play a role in the accuracy of an eyewitness’ statement or identification of a suspect. Studies have shown that when a lineup contains the actual culprit, both young children and elderly perform well, but when the lineup does not contain the culprit there is a higher rate of mistaken identifications.
The race of the witness may also play a role. The Cross Race Effect (CRE) is a phenomenon in which people are better at recognizing faces of their own race rather than those of other races.
The use of drugs can alter a person’s ability to recall the events of a crime even after they are no longer under the influence.
A person’s memory of an event can be influenced by other witnesses, investigators, and/or the media. Investigators use open-ended questioning and follow procedures for conducting line-ups to limit their influence on a witness’ memory of an event or identification of a suspect.
Source:

9. Crime Scene & Suspect Factors
A crime that is extremely traumatic for an eyewitness may affect his/her recall of the event. For example, a witness confronted with a weapon tends to focus on the weapon rather than the perpetrator’s face.
A suspect with a weapon – Stress level
Someone who is able to focus on a perpetrator's face for a minute or longer will tend to have a more accurate memory than someone who saw the person for only a few seconds. Longer time to focus on the perp.
Studies have shown that faces that are either highly attractive, highly unattractive, or distinctive are more likely to be accurately recognized. Simple disguises, such as hats or sunglasses, can interfere with accurate eyewitness identification. However, body piercings and tattoos increases the likelihood of an accurate identification. Standout features on the perp.
The time of day in which the crime occurred as well as a person’s view of the scene may affect what a he/she is able to see. Day vs. Night
In addition, a person who is familiar with the area in which the crime took place, may have a better recall of the positions of the victims or suspects.
In a well know area
Source:

10. Crime Scene Challenge
Now that your eyes and brain are warmed up, let’s test your observation skills a bit more.
You will have 2 minutes to study the photograph of a crime scene on the next slide.
Try to pay attention to details as you will be asked 10 questions about the crime scene!
You are not allowed to write anything down until after the time is up.
Ready?

12. Answer each question below.
1. What color coffee mug was in the picture? Blue Red Yellow
2. When was the deadline? Yesterday Today Tomorrow
3. What time was on the clock on the wall? : : :55
4. How many sticky notes were on the whiteboard? Four Six Eight
5. Which of the following was NOT in the picture? Stapler Trash Can Printer
6. What was the name on the plaque on the desk? Bill Brian Carl
7. What color was the victim's shirt? Black Blue Red
8. How many plants were in the picture? None One Two
9. What was the color of the marker in the desk drawer? Red Blue Green
10. Where was the book in the picture? On a box In the trash can Under the body
Source:

13. Flashbulb Memories
Many victims of crimes have something that is called a flashbulb memory
This is a vivid recollection of dramatic or emotionally charged events
Example: Can anyone tell me what you were doing when…?
You first saw or heard about September 11
Barack Obama became president
Michael Jackson died

14. You Be the Eyewitness Imagine you are at a gas station buying milk
A man walks in, threatens the employee at the counter, robs the cash register, and runs out
The entire ordeal lasts about five seconds
This is the man you saw…

16. You Be the Eyewitness
The police have asked you to help them identify the perpetrator
They will show you a set of pictures, and it is your responsibility to select the picture of the man you saw rob the gas station…

18. How Did You Do? So, which picture did you choose?
And the correct answer was... #2
Were you right?
What does this tell you about eyewitness testimony?

19. According to Research…
Studies show that the longer it takes an eyewitness to decide if the perpetrator is in a lineup, the less confident they actually are about their decision
Why?
Eyewitnesses typically take several minutes to point out the perpetrator because they often feel pressured to choose the correct one
However, if they are truly confident, they should be able to decide in under 10 seconds

20. Facial Composites
Investigators work with sketch artists and eyewitnesses to create facial composites, or sketches of a person’s face. Today many police departments are using facial reconstruction software to help them with this task.
The composite may be used internally to assist officers in identifying the suspect or used externally through local media (radio, TV, and newspaper) to solicit leads from citizens.
FACES – A software program that offers many options to help you recreate a person’s facial features.

21. You will have a chance to try to create a facial composite
You will have a chance to try to create a facial composite. You will need to pay close attention to the following features:
The shape of the face
The shape of the jaw
The shape of the eyes
The shape of the nose
The width of the neck
The shape & protrusion of the ears
The presence of facial piercing
The presence of facial hair, its color, & location
The presence of facial markings, such as scars or tattoos
Forehead or other facial lines
The presence of eyeglasses or sunglasses
The length, color, & texture of the person’s hair
Let's give it a try!

22. Choosing From a Lineup
Research from Buckhout (1974) and Wells (1993) indicate that an eyewitness is more likely to falsely identify a person in a set of lineup photographs is there is anything that separates one picture from another
For example:
If one picture is larger than the others
If facial features in all the photographs are not identical

23. More Research… Malpass and Devine (1981)
Half of their participants in the staged act of vandalism were told that the perpetrator was in the lineup while the other half were told that the perpetrator may or may not be present
Results: the participants who were led to believe that the perpetrator was present felt compelled to pick someone, and more often than not, they chose an innocent person

24. What Makes Memories Inaccurate?
With someone sitting next to you, I’d like you to do some brainstorming…
Think about a situation in which you observe a crime (let’s say, in this case, a robbery)
If you were asked a few days later to recall everything that you saw, including what the perpetrator looked like, what he/she was wearing, etc., what sorts of factors would affect your memory?

25. Some Possible Explanations
Poor lighting
Distance in viewing
Short exposure
Something covering the perpetrator’s face (i.e., a mask)
Heightened stress and anxiety levels
Presence of a weapon
The own-race bias (the tendency for people to recognize faces of their own race more accurately than faces of other races)